Harp, William
OFFER TO SELL REAL PROPERTY
The City of Gilroy hereinafter referred to as the "City" and
Richard M. Cline, William D. Happ, James S. Rubino, Ebe 1. Rubino,
Edward J. Lazzarini and Theodora J. Lazzarini hereinafter referred
to as the "Offeror" agree as follows:
1. This document and a grant deed is delivered to Walter J.
Doyle, or his agent, by the Offeror for acceptance or return
by the City.
2. The property, which is described on the attached Exhibit A,
will upon acceptance by the City be acquired for ONE THOU-
SAND SIX HUNDRED DOLLARS ($1, 600.00).
3. The property will be conveyed free and clear of all liens and
encumbrances except exception numbered none
as shown
on a preliminary title report issued by Title Insurance and
Trust Company under Escrow No. GY - 322078 JL, dated
April 8, 1969.
4, Expenses
The City shall pay all costs of escrow, revenue stamps, if
required and authorized, and title insurance policy expenses.
Said escrow costs shall not, however, include usual and cus-
tomary reconveyance fees, trustee's fees, forwarding fees,
or penalty (if any), for payment in full in advance of maturity
incurred in connection with discharge of any note secured by
a deed of trust or mortgage, which costs shall be paid by the
Optionor.
J-...~
5. 'This offer Si1811 remain in effect exclusive and irrevocable
for 120 days from the date hereof and thereafter until 30 days
after receipt by the City of written notice of the Offeror's
intention to terminate this offer,
6. 'The balance of unpaid principal and interest due on any note
or notes secured by mortgage or deed of trust on the real
property, and any prepaid penalties together with trustee's
fees, costs of recording, if any, shall be deducted from the
total purchase price and paid to the persons entitled thereto.
7. At any time prior to the termination of this offer, the City
may at its option elect to acquire the said property by con-
demnation and filing of an action in eminent domain rather
than by purchase and conveyance through said escrow. In
such event, the Offeror agrees that the judgment for the total
amount of damages to be awarded for the taking of said pro-
perty in fee shall not exceed the sum set forth in Paragraph
2 above.
8. Any and all loss or damage to the real property or any improve-
ments thereon occurring prior to the recordation of the deed
shall be at the risk of the Offeror.
9. The Offeror shall retain possession of the property to be con-
veyed up to and including the date of recordation of deed, All
rents derived from said property up to and including said date
shall be paid to the Offeror, but all rents paid for occupancy
after said date shall be paid to the City. Either party hereto
collecting rents to which the other party is entitled shall forth-
-
"
with pay such amount to the other as is neccessary to comply
with the provisions of this paragraph.
10. The Offeror warrants that there are no oral or written leases
on all or any portion of the property exceeding a period of one
month and the Offeror further agrees to hold the City harmless
and reimburse the City for any and all of its losses and expenses
occasioned by reason of any lease of said property held by a
tenant of the Offeror for a period of more than one month,
11. This agreement shall be binding upon and inure to the benefit
of the heirs, successors and assigns of the parties hereto and
the City is expressly given the right to assign this agreement
Dated:
and its rights hereunder.
(] c;
~ J.. L, /1 t 1
(
, _ .'/d U:
"') ..; ~:J/ ' .
~::~.;~
. ?~---~, 4
Offeror
Recommended for Acceptance:
THE CITY OF GILROY:
Jt.
~/2 '.
By ?4!7~~d?C~~d.~<--4'
.... '~
',.
'.....
t~j~~6~
Application No. GY-3?2078
EXHIBIT A
All that certain real property situate in the City of Gilroy, County
of Santa Clara, State of California, described as follows:
BEGINNING at the Southwesterly corner of that certain 18.639 acre
tract of land described in the Deed from Edward J. Lazzarini, et ux,
to Richard M. Cline, et aI, dated July 17, 1964, recorded July 21,
1964 in Book 6589 Official Records, pa~e 669, Santa Clara County
Records, in the center line of Wren Avenue, formerly Avenue H; thence
from said point of beRinning North 886 36' SO" East along the Southerly
line of said 18.639 acre tract for a distance of 734.91 feet TO THE
TRUE POINT OF BEGINNING of the tract of land to be described; thence
from said true point of be~inning North 880 36' 50" East continuing
along said Southerly line of the 18.639 acre tract for a di~tance of
345.05 feet to the Southeasterly corner thereof; thence North 00 40"
West along the Easterly line of said 18.639 ~cre tract fOT a distance
of 30.00 feet; thence South 880 36' SO" West and parallel with the said
Southerly line of the 18.639 acre tract for a distance of 345.05 feet;
thence South 00 40' East"and parallel with the said Easterly line of the
18.639 acre tract for a distance of 30.00 feet to the true point of
beginning, and being a portion of Las ^nimas Ranch Lot 2S as shown on
Map No. 7 accompanying the final ReDort of the Referees of the Las
Animas Rancho Pariition Suit No. S5~6 had in the Sunerior Court at
California, in and for the County of Santa Clara. .
I
!
-I-'>
00
;j
1-<
E-<
"'d
>=1
C\l
<l)
C)
>=1
C\l
1-<
;j
00
>=1
1-1
<l)
.......
-I-'>
E:::
@
>>
>=1
C\l
0.
S
o
u
o
>
.J
lD
"
'"
'"
'"
Vo
..'"
z;;;
~O>
"''''
>-.....
1-1Il0
Z""
:>....Z
0"'"
"'Ill
V
~D
<(
J
V'"
'"
<('"
..'"
zii;
~"'(I)
..-
"'-
ii:'"
0>
~w
","
00
z'
z
....
"'Ill
....
",0
_J
Dl5iJ
'"
=>
z
'"
>-
<(0
'"
z'"
00>
...
.JO
-...
::>.J
..<(
Io
iD.J
.....
",0.
DO
'"
z
..
-'0
0'"
o
z'"
~O>
)-).
"0
~'"
.J
0-
-"
'"
=>
z
'"
>
<('"
'"
,.0
:J:'"
~O>
"'...
=> .J
::l:..
.>
III ,.
Z
..z
"'=>
"'Ill
...'"
",'"
",0
",'"
...0>
Ill"
zO
-...
.. .J
::l:<(
...
=>
z
...
>-
<('"
o
..'"
,,0>
0",
"'0
.....
"'..
,;:"
....
NO
",J
o
....
'"
~
DATE
FUNDS REC'D
i=
CHECKS ~ ;
T~AT RECEIVED UPO
CO I POCEEDS WHENNCT.-C ITI
T THE A80V~~~~Gcici.X ANY. W~E8~~~~
RECEIPT NO.:
292832
(.)~
u
<(
R